State v. Kikuta, 253 P.3d 639

State charged Kikuta with Assault in the Second Degree; he was convicted of Assault in the Third Degree after a jury trial.
The incident involved Kikuta, the stepfather and father figure to the victim, who punched the minor after a dispute over disciplining him for misconduct.
The trial court refused to instruct the jury on Hawai`i’s parental discipline defense (HRS § 703‑309) because the injuries were substantial.
The State argued the parental discipline defense was foreclosed by the substantial bodily injury, while Kikuta argued there was evidentiary support for the defense.
The ICA vacated Kikuta’s conviction for failure to instruct on the parental discipline defense and remanded for retrial; the State sought certiorari.
The Hawai`i Supreme Court held that the parental discipline defense instruction must be given if there is any evidence supporting each element, and mutual affray instruction must be given with Assault in the Third Degree if there is any evidence of a mutual-consent fight; remanded for retrial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Parental discipline instruction required	Kikuta had some evidence to support HRS § 703-309(1)(a)/(1)(b) and thus entitlement.	State’s substantial-injury ruling does not bar the defense; any evidence supports instruction.	Yes; instruction required if any evidence supports the elements.
Mutual affray instruction with Assault in the Third Degree	There was evidence the injury occurred during a mutual-consent fight.	No evidence of mutual consent; not entitled to instruction.	Must give mutual affray instruction when there is any evidence of a fight or scuffle entered into by mutual consent.
Remand for retrial appropriate	Error in failing to instruct could have affected verdict; retrial necessary.	If errors were harmless, retrial unnecessary.	Remand for retrial on the grounds stated; conviction vacated in part.

State v. Miller, 105 Hawai`i 394 (App. 2004) (parensal discipline defense reviewed for reasonableness of force; head-strikes discussed as evidence of risk.)
State v. Roman, 119 Hawai`i 468 (2008) (discussed parental discipline defense and standards for weighing evidence.)
State v. Crouser, 81 Hawai`i 5 (1996) (proportionality of force in parental discipline; defense considerations.)
State v. Tanielu, 82 Hawai`i 373 (App. 1996) (discipline forces case; defense considerations.)
State v. Matavale, 115 Hawai`i 149 (2007) (heat of the moment and reasonable force in parental discipline.)
State v. Gabrillo, 10 Haw. App. 448 (1994) (appellate limits on reconciling conflicting evidence.)
State v. Lira, 70 Haw. 23 (1988) (defense theories must be supported by evidence.)
State v. Jhun, 83 Hawai`i 472 (1996) (jury as sole judge of witness credibility and weight.)
State v. Hironaka, 99 Hawai`i 198 (2002) (standard for jury instructions and harmless error.)
State v. Stenger, 122 Hawai`i 271 (2010) (discussed sua sponte instructions and defense theories.)
State v. Fukagawa, 100 Hawai`i 498 (2002) (affirming judgment on record with alternative grounds.)